F KHAN PER / PELJ 2020 (23) 5 current domestic law that caters for children born in South Africa who would otherwise be stateless, and explore how the law addresses their rights. In addition, this article will assess what administrative systems should be established to assist such children. 3 What is statelessness? It is evident that all forms of membership in the state system, such as citizenship, permanent residence, temporary residence, a refugee or asylum-seeker permit, are determined through an individual's relationship with the state.25 A stateless person is not recognised by any state as a national. In the case of citizens there is full recognition based on the laws of citizenship acquisition. Such citizenship acquisition clearly demonstrates the strongest bond between the state and an individual.26 On the other hand, for a person that has unlawfully entered a territory the bond is extremely limited, because he or she has not formally garnered permission from the state to be present, notwithstanding the citizenship or bond such a foreigner maintains with another country.27 Statelessness is not something caused or deserved by the individual affected, especially in the case of children. Children do not have a choice when it comes to the place of birth, the actions of their parents, the identity of their parents, or the actions of states. The two international conventions dealing with statelessness are the 1954 Convention on the Status of Stateless Persons (1954 Convention)28 and the 1961 Convention on the Reduction of Statelessness (1961 Convention).29 The 1954 Convention was adopted pursuant to the events of the Second World War, when many persons lost their right to live as citizens in the territories that they had once considered home.30 The purpose of the 1954 Convention was to increase international awareness of the plight of stateless people who were not refugees, and to provide for their rights in the absence of formal state affiliation. Such rights include the freedom to practise religion,31 freedom of association,32 free access to courts,33 and freedom of movement,34 to name just a few. The obligations of the stateless 25 26 27 28 29 30 31 32 33 34 Manby Citizenship Law in Africa. Manby Citizenship Law in Africa. Manby Citizenship Law in Africa. Convention Relating to the Status of Stateless Persons (1954) 360 UNTS 117 (hereafter the 1954 Convention). Convention on the Reduction of Statelessness (1961) 989 UNTS 175 (hereafter the 1961 Convention). Van Waas "UN Statelessness Conventions". Article 4 of the 1954 Convention. Article 13 of the 1954 Convention. Article 16 of the 1954 Convention. Article 26 of the 1954 Convention.

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